Join the Sacramento Valley APA for a discussion with Renaissance Planner Bill Fulton on the good, the bad, and the ugly of economic development based on his new book: Romancing the Smokestack: How Cities and States Pursue Prosperity
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March 2011
AB 32 Scoping Plan Enjoined
San Francisco Superior Court enjoined the implementation of the Air Resources Board’s Climate Change Scoping Plan, finding the alternatives analysis and public review process violated both CEQA and the Air Resources Board’s certified regulatory program.
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General Plan Goal of Creating Employment Opportunities Insufficient Basis to Thwart Church Rezoning Request
Posted in Local Government, Planning, Zoning, & Development
By William W. Abbott
The "Faith" Fellowship Foursquare Church (“Church”) is a church active in the City of San Leandro, but as its membership grew with the passage of time, the Church outgrew its existing facilities. Starting in 2006, the Church began searching for a new location and eventually settled on property on Catalina Street, located in an industrial park. The park was located in an area designated by the City’s general plan for industrial technological activity. In March 2006, the Church entered into a purchase agreement for the Catalina property.Continue Reading General Plan Goal of Creating Employment Opportunities Insufficient Basis to Thwart Church Rezoning Request
Bad Deeds Make Bad Law
By Cori Badgley and Emilio Camacho
In Monterey/Santa Cruz County Bldg. & Constr. Trades Council v. Cypress Marina Heights LP (2011) 191 Cal.App.4th 1500, the California Court of Appeal, Sixth District, held that deeds acquiring property from a redevelopment agency required the purchaser/developer to pay prevailing wages to the construction workers. In addition, the appellate court also held that plaintiffs were entitled to $73,167.50 in attorney’s fees pursuant to Code of Civil Procedure section 1021.5.Continue Reading Bad Deeds Make Bad Law
Government Rationale Given Benefit of the Doubt in First Amendment Challenge to Zoning Ordinance
Posted in Local Government, Planning, Zoning, & Development
In Alameda Books et al. v. City of Los Angeles (9th Cir. Jan. 28, 2011, No. No. 09-55367 __ F.3d ____ [2011 U.S. App. LEXIS 1769] the Ninth Circuit reversed the grant of summary judgment to plaintiffs claiming an ordinance requiring the dispersal of adult entertainment businesses violated the First Amendment. The Ninth Circuit found that the biased declarations upon which the summary judgment was based did not amount to actual and convincing evidence sufficient to cast doubt on the rationale of the City of Los Angeles in creating the ordinance.
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