Zoning
Medical Marijuana Dispensary Moratorium Upheld
Submitted by Paul Shigley on 7 October 2009 - 10:28amThe 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.
Court Bolsters Agricultural Land Preservation
Submitted by Paul Shigley on 24 September 2008 - 11:35amIn 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
Submitted by Paul Shigley on 4 September 2008 - 1:07pmAn 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
Submitted by Paul Shigley on 9 February 2008 - 9:49pmA 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
Submitted by Paul Shigley on 21 January 2008 - 5:59pmA 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
Submitted by Robin Andersen on 29 November 2007 - 12:22pmWith 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
Submitted by Bill Fulton on 29 October 2007 - 7:40pmLocal 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
Submitted by Bill Fulton on 29 October 2007 - 12:53pmSpurred 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
Submitted by Bill Fulton on 16 July 2007 - 10:18amRiverside County is moving toward adopting restrictive zoning and even acquiring private property in high fire hazard areas.
Cal Supremes Bolster Local Zoning Authority
Submitted by Paul Shigley on 12 June 2007 - 11:04amA 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.