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When the upscale cafeteria-style restaurant Forage opened in Los Angeles’s Silver Lake neighborhood in early 2010, it did so with a new take on the “farm to table’” movement that’s slowly been gaining ground in California, as well as the rest of the country in recent years.
In the case of West Chandler Boulevard Neighborhood Association v. City of Los Angeles, the Court of Appeal, Second Appellate District, considered the validity of the City of Los Angeles’ grant of a conditional use permit, height variance and parking variance to a Chabad of North Hollywood, which was operating a synagogue in a residential neighborhood within the city.
When the City of Morgan Hill annexed an 80-acre plot of land over public outcry, city residents fought back by approving ballot measures limiting the development that could take place on that parcel. With a recent appeals court ruling – 31 years after the initial annexation -- a developer’s project is high and dry, with the court ruling that the city’s actions did not amount to inverse condemnation or illegal spot zoning.
This month – October 10, to be exact – marks the 100th anniversary of initiative and referendum in California. It’s hard to imagine that Gov. Hiram Johnson, the godfather of the constitutional amendment, could have imagined all the different ways that the initiative process would be used – especially by the moneyed interests that were his target in 1911. But it’s equally hard to imagine that Johnson could have foreseen the way the initiative and referendum process would transform planning and development in California.
A lawsuit challenging Sonoma County’s ordinance regulating the location and operation of medical marijuana dispensaries has been dismissed because it was not brought within the 90-day statute of limitations.
A city ordinance effectively banning tattoo parlors oversteps constitutional limits protecting freedom of expression, the Ninth U.S. Circuit Court of Appeals has ruled.
A unanimous three-judge panel struck down a City of Hermosa Beach zoning code prohibiting tattoo parlors because it violated the First Amendment.
Although it may seem that tattoos are the provenance of modern day subcultures such as rock stars and motorcyclists, tattoos have been part of evolving culture around the globe for thousands of years, the court explained. City of Hermosa Beach, however, perceived tattoos’ outlaw air and had adopted a zoning ordinance that precluded the operation of tattoo parlors.
Amid budget shortfalls and a development drought, California cities and counties have stopped planning. But they haven’t stopped coding.
Form-based code fever is still in full force throughout California. From north to south, cities – and, occasionally, counties as well – are using a good portion of their meager planning money to create form-based codes. Sometimes these codes are being created citywide, but more often they are focused on downtowns, older corridors, dead mall sites, and other locations designated for higher density or mixed-use development.
The City of Claremont’s moratorium on dispensaries of medical marijuana and a Superior Court injunction shuttering a dispensary have been upheld by the Second District Court of Appeal.
In a decision bolstering farmland preservation, the First District Court of Appeal has ruled that Humboldt County can enforce updated land use regulations against a landowner whose original Williamson Act contract predates the regulations.
An appellate court has upheld an airport land use compatibility plan that a Solano County landowner argued was overly restrictive.
The court rejected the landowner’s contention that Solano County’s Travis Air Force Base Land Use Compatibility Plan (TALUP) was inconsistent with an Air Force plan because the TALUP used a tighter noise threshold and assumed greater airport use than did the Air Force. The court found nothing in state law that prevented the country from being more restrictive of growth around an airport.