By William Fulton : cp-dr – excerpt
So, why does a court ruling on a medical marijuana ban in Upland affect the Chargers ability to build a new stadium in San Diego?
For the same reason that construction of a Wal-Mart in Sonora affects the Rams ability to build a new stadium in Inglewood, which is:
The apparently magical power of the initiative process to end-run two generations of laws that make it more difficult to approve new buildings and adopt new taxes in California.
By now you all know about the Tuolumne Tactic – the end-run of the California Environmental Quality Act sanctioned two years ago by the state Supreme Court. The trick is simple: Initiatives aren’t subject to CEQA. Local governments can simply adopt an initiative rather than put it on the ballot. So, by adopting an initiative – often for a development project – the local government can end-run CEQA altogether. That’s how both Inglewood and Carson got their NFL stadiums approved so fast. More recently, developers have tried the tactic to approve a logistics center in Moreno Valley and a shopping center in Carlsbad (though that approval was overturned by a referendum).
It’s a pretty direct assault on 1970s and ‘80s left-wing California environmentalism.
Now, thanks to medical marijuana advocates, the initiative process may also be used to bypass Propositions 26 and 218 – the two ballot initiatives that embedded in the California constitution the requirement that “special taxes” (taxes dedicated to a specific purpose) require two-thirds voter approval.
And that could turn out to be a pretty direct assault on 1970s and ‘80s right-wing California fiscal conservatism… (more)
Upland Mobile Dispensary Ordinance Not Subject to CEQA, Court Rules
By William Fulton :
In the second medical marijuana ruling out of the City of Upland in the last week, the Fourth District Court of Appeal has ruled that Upland’s ban on mobile medical marijuana dispensaries is not subject to the California Environmental Quality Act.
Among other things, the court concluded that the assertions by the Union of Medical Marijuana Patients (UMMP) about the potential impact of the ban – for example, that medical marijuana patients would have to drive to other cities – were too speculative to be considered “reasonably foreseeable” under CEQA… (more)