CP&DR

Ruling Could Slow 'Fast Track' Permit Processing

Feb 9, 2008

CP&DR Staff, Legal Digest, Sierra County, Vol. 23 No. 03 Mar 2008, Zoning

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

Jan 21, 2008

CP&DR Staff, Legal Digest, Tuolumne County, Vol. 23 No. 02 Feb 2008, Zoning

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

Nov 29, 2007

California, Featured Articles, Paul Shigley, Vol. 22 No. 12 Dec 2007, Zoning

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

Oct 29, 2007

CP&DR Staff, Legal Digest, Los Angeles County, Vol. 22 No. 11 Nov 2007, Zoning

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

Oct 29, 2007

Environment Watch, Humboldt County, Paul Shigley, Vol. 22 No. 11 Nov 2007, Zoning

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

Jul 16, 2007

Paul Shigley, Riverside County, Vol. 22 No. 07 Jul 2007, 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

Jun 12, 2007

Kings County, Legal Digest, Paul Shigley, Vol. 22 No. 07 Jul 2007, Zoning

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.

State High Court Hears Zoning, CEQA Cases

May 3, 2007

California, Legal Digest, Paul Shigley, Vol. 22 No. 05 May 2007, Zoning

LOS ANGELES _ The California Supreme Court has heard oral arguments in two unrelated land use cases that could have profound impacts for planners, developers and property owners.One case involves a City of Hanford zoning ordinance that restricts who may sell furniture; the second case concerns whether an airport land use compatibility plan is subject to environmental review. The court heard oral arguments in both cases on the same day in early April. Decisions are due by July 3.