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By Cori Badgley

Traditionally, land use planning generally has been left to counties and cities. On a selected basis, the legislature has intervened and added an overlapping layer of state regulation, such as the Coastal Commission, Cal TRPA and BCDC. With state mandated housing elements, cities in particular have had to take a more regional perspective in addressing housing needs. SB 375 in 2008 added to the subtle shift in the local-state planning paradigm. Now, the state is embarking on an unprecedented process to create a preferred land use scenario for all of California. This process is called Vision California, and it has a 2050 planning horizon.
Continue Reading Vision California: Centralization of Land Use Planning at the State Level?

By Cori Badgley

The Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Marijuana Program (Health and Safety Code § 11362.5) legalized the use and distribution of medical marijuana subject to specific restrictions outlined in the statutes. Many cities, such as the City of Claremont, do not have areas zoned to permit medical marijuana dispensaries. In City of Claremont v. Kruse (2009) (Case No. B210084), the Court of Appeal, Second Appellate District addressed whether the state statutes preempted the City from refusing to permit a medical marijuana dispensary and declaring it a nuisance. The court held that the City’s actions were not preempted and that the defendants continued operation of the medical marijuana dispensary constituted a nuisance.
Continue Reading City Not Required to Zone for Medical Marijuana

By William W. Abbott

California’s historic settlement patterns are far more diverse then what would first appear to be the case. In addition to the religious (San Bernardino, Compton, Whittier ), the ethnic (Solvang, Ft. Ross) and the timber company towns (Samoa, Westwood, McCloud), there are numerous spiritual, philosophical, labor and socialist undertakings in this state’s history. This article is an overview of the labor/socialist origins of the Kaweah Colony, located in eastern Tulare County.
Continue Reading The Kaweah Colony: A Socialist Settlement in the 1880’s

By Leslie Z. Walker

According to Las Lomas Land Co., LLC v. City of Los Angeles (Sept. 17, 2009, B213637) ___ Cal.App.4th ___, the long standing rule that CEQA does not apply to projects rejected or disapproved by a public agency, allows a public agency to reject a project before completing or considering the EIR. In Las Lomas, the Court of Appeals for the Second Appellate District made clear that a city may stop environmental review mid-stream and reject a project without awaiting the completion of a final EIR. While this holding may avoid wasting time and money on an EIR for a dead-on-arrival project, it will also make it harder for projects to stay in play until the entire environmental document is complete.
Continue Reading CEQA Does Not Apply to Project Disapproval, Even if the EIR is Underway

By William W. Abbott

Readers may remember our earlier account of the first State of California planned community, Durham, in Butte County, started in 1913. Apparently pleased with the perceived success in Durham, the State Land Settlement Board embraced a more ambitious goal, this time an 8,000 acre community to be located in the community of Delhi, in Merced County. On the heels of World War I, the legislature expanded the program to specifically serve returning veterans.
Continue Reading An Historic Tale of Two Towns: The State of California as a Planner, Subdivider and Developer Part II

By William W. Abbott

The Building Industry Association (“BIA”) scored a major success with AB 333, which protects many tentative maps by tacking on an additional statutory life jacket of 24 months. Chapter 18, Statutes of 2009 operates as follows.

Tentative subdivision maps scheduled to expire before January 1, 2012, are statutorily extended by 24 months. The new extension authorization is in addition to those already provided for by law., listed below:…
Continue Reading How Many Lawyers Does it Take to Extend a Tentative Map?

By Cori Badgley

The Attorney General’s Office declared in a press release on June 24, 2009 that it intervened in a suit against the City of Pleasanton to remove the City’s “draconian and illegal” housing cap. The housing cap, which was instituted in 1996 through Measure GG, limits housing to 29,000 units throughout the City. The City can only accommodate another 2,000 units, if the housing cap remains in place. According to the Attorney General, the job growth over the past 10 years has nearly doubled from 31,683 to more than 58,000, while the available housing has only increased by 7,000 units. The draft General Plan Update predicts the creation of 45,000 more jobs over the next 15 years. In addition to not meeting the City’s fair share regional housing needs, the Attorney General asserts that the housing cap will lead to increased traffic congestion, urban sprawl, greenhouse gas emissions and an increased dependence on foreign oil. As the case progresses, Abbott & Kindermann, LLP will provide further updates.
Continue Reading Attorney General Sues Pleasanton Over Illegal Housing Cap

The budget conference committee has proposed suspending Williamson Act subsidies for one year. For more information, see Budget Committee Highlights and letter from the California Association of Counties and Regional Council of Rural Counties. Please check back for updates on this proposal.
Continue Reading Senate Committee Proposes Suspending Williamson Act Relief

Have you participated in an outstanding planning project in the last year? Do you know someone who should be recognized for their leadership in planning? Nominate a project or person for one of the award categories below by Monday, April 6, 2009.
Continue Reading Less Than Two Weeks Left to Submit Your Application for the Sacramento Valley Section APA Awards

By William W. Abbott

We all are familiar with the State of California in its role in land planning and development as the uber regulator. But if you turn back the hands of time immediately before World War I, a different picture emerges; that of land developer.
Continue Reading An Historic Tale of Two Towns: The State of California as a Planner and Subdivider, Part I