City engages in impermissible spot zoning and a compensable taking where it creates a “one-house-per-20-acre island in a two-to-six-house-per-acre sea.”
Continue Reading Compensable Taking Found Where City’s Spot Zoning Created “A One-House-Per-20-Acre Island In A Two-To-Six-House-Per-Acre Sea”
Planning
Legislative Update: Mitigation Chapter of Planning and Zoning Law is Amended and Expanded to Ensure the Proper Management of Protected Lands (SB 436)
Posted in Local Government
Senate Bill 436 (SB 436) amends and adds provisions to the California Planning and Zoning Law regarding mitigation lands requiring state and local agencies to protect natural resources that are impacted by their own development projects and to require endowments for the protection of those protected lands. It also authorizes agencies to require endowments for mitigation lands set aside for private projects.
Continue Reading Legislative Update: Mitigation Chapter of Planning and Zoning Law is Amended and Expanded to Ensure the Proper Management of Protected Lands (SB 436)
How Do You Say “No” To A Housing Project? With Findings.
Posted in Local Government, Subdivision Map Act
Although a housing project may conflict with the general plan, a city or county may be required to adopt additional findings if the project otherwise complies with objective development requirements.
Continue Reading How Do You Say “No” To A Housing Project? With Findings.
No Matter How Compelling a Story, a Medical Marijuana Patient Lacks Standing to Sue City
Posted in Local Government
According to the appellate court in this case, “an individual medical marijuana patient is not the proper party to challenge generally applicable zoning provisions because – whatever the contours of the right to engage in cooperate or collective medical marijuana activity (see e.g., § 11362.775) – the Legislature invested this right in cooperative and collective groups and entities, not individuals.” Therefore, the plaintiff had no standing to bring an action against the city.
Continue Reading No Matter How Compelling a Story, a Medical Marijuana Patient Lacks Standing to Sue City
Failure Of City To Comply With Its Charter, Zoning Code and the Topanga Case, Requires Reconsideration And Proper Findings For Use Permit And Variances
Posted in Local Government
What happens when a city fails to comply with the provisions of its charter and zoning code and fails to make the proper findings under the Topanga case in granting a conditional use permit and variance? The city has to rehear the matter and make the proper findings based on substantial evidence before it.
Continue Reading Failure Of City To Comply With Its Charter, Zoning Code and the Topanga Case, Requires Reconsideration And Proper Findings For Use Permit And Variances
Coastal Commission Has Appellate Jurisdiction Over A Project That Needs Subdivision Approval, Even If The Project’s Use Complies With The Local Coastal Plan
Posted in Planning, Zoning, & Development
Under Public Resources Code section 30603, subdivision (a)(4), the California Coastal Commission has appellate jurisdiction over a project within the coastal zone that needs subdivision approval, even if the project involves the construction of a principal permitted use under the local coastal plan.
Continue Reading Coastal Commission Has Appellate Jurisdiction Over A Project That Needs Subdivision Approval, Even If The Project’s Use Complies With The Local Coastal Plan
Adjacent Landowners Can’t Use CEQA to Avoid Potential Nuisance Claims
Posted in CEQA
In the case of South Orange County Wastewater Authority v. City of Dana Point (2011) 196 Cal. App. 4th 1604 (“South Orange”), the Court of Appeal for the Fourth Appellate District was asked to order an environmental impact report (EIR) be prepared to assess the impact of the environment on a proposed project pursuant to the California Environmental Quality Act (CEQA). The court of appeal declined to order such an EIR. The court of appeal also addressed whether the adopted project was inconsistent with the city’s general plan and zoning ordinance, and found that the project was consistent.
Continue Reading Adjacent Landowners Can’t Use CEQA to Avoid Potential Nuisance Claims
Coastal Commission Properly Resolved Conflicting City Development Standards; Negative Declaration Was Upheld
Posted in CEQA
Appellate court defers to Coastal Commission in the application and interpretation of potentially competing standards for the protection of environmental sensitive areas.
Continue Reading Coastal Commission Properly Resolved Conflicting City Development Standards; Negative Declaration Was Upheld
Growth Measure Survives Spot Zoning and Equal Protection Challenge in an “As Applied” Challenge
Posted in Local Government
In Arcadia Development Co. v. City of Morgan Hill (August 5, 2011, H035519) ___ Cal.App.4th ___, the city did not spot zone Arcadia’s property and did not violate Arcadia’s equal protection rights by placing a measure on the ballot which amended the city’s zoning code to prohibit extensive development on Arcadia’s property.
Continue Reading Growth Measure Survives Spot Zoning and Equal Protection Challenge in an “As Applied” Challenge
Lead Agencies Are Not Always Required to Explain Why Every Proposed Mitigation Measure is Infeasible
Posted in CEQA, Climate Change
By now, most CEQA practitioners have faced the problem of what to do when a project opponent submits the Attorney General’s 18-page list of potential greenhouse gas mitigation measures, suggesting the measures might be appropriate for the project at issue. On June 30, 2011, the Court of Appeal for the Second Appellate District held that the lead agency is not necessarily required to explain why each of the proposed measures is inappropriate for the specific project.
Continue Reading Lead Agencies Are Not Always Required to Explain Why Every Proposed Mitigation Measure is Infeasible