Zoning

 

Medical Marijuana Dispensary Moratorium Upheld

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.

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Court Bolsters Agricultural Land Preservation

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.

Air Base Compatibility Plan Upheld Over Developer's Objection

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.

Ruling Could Slow 'Fast Track' Permit Processing

A city council or board of supervisors must wait until receiving a planning commission’s recommendation before the legislative body gives 10-day notice of a public hearing on the matter, the Third District Court of Appeal has ruled. The court also determined that the planning commission’s recommendation must be part of the notice.

Novel Use Of Development Agreement Fails To Impress Court

A county cannot employ a development agreement to permit a use not otherwise allowed by zoning, the Fifth District Court of Appeal has ruled. The court said Tuolumne County could not use a development agreement allowing one agricultural property owner to conduct weddings and other events that are not allowed by the applicable zoning district and county zoning ordinance.

Reliance on Inclusionary Zoning Rises

With about half of the cities and counties in California facing a June 30, 2008, deadline to file updated housing elements, the often-controversial policy of inclusionary zoning is receiving renewed interest. Already, one-third of cities and counties have inclusionary zoning policies, and now other local governments — including Los Angeles, San Jose and Oakland — are considering the idea.

City's Zoning Supercedes Easement For Equine Use, Court Determines

Local zoning trumps a valid easement, the Second District Court of Appeal has ruled. In a case from Los Angeles, the court determined that one property owner’s easement on his neighbor’s property was valid but unenforceable because it violated the zoning.

Humboldt County Limits Building On Designated Timberlands

Spurred by a land use plan intended to remove Pacific Lumber Company from bankruptcy, the Humboldt County Board of Supervisors is moving toward adopting policies that would limit residential development on land zoned for timber production.

Riverside County Fights Fire With Zoning

Riverside County is moving toward adopting restrictive zoning and even acquiring private property in high fire hazard areas.

Cal Supremes Bolster Local Zoning Authority

A unanimous California Supreme Court has upheld a local zoning ordinance that regulates who may sell furniture. The decision appears to bolster local zoning decisions that have come under attack from developers and retailers, especially those promoting big-box stores.