Topic
General Plan Consistency
17 published works
California Land Use & Development Law Report
Court In CEQA Case Applies the Deferential Standard in the Planning and Zoning Law When Determining Whether the Project Is Inconsistent with the Applicable General Plan
By Julie Jones
Petitioner could not avoid the deferential standard of review under the Planning and Zoning Law regarding an agency's interpretation of its own general plan by framing the challenge as an…
Environmental and Climate
Third District Holds City’s Explanation and Substantial Evidence Supported Traffic Impact Conclusion, Discharge of Writ of Mandate Proper
In reviewing whether the City of Sacramento complied with a peremptory writ of mandate issued by the Sacramento Superior Court (East Sacramento Partnership for a Livable City v. City of…
Land Use Developments
Second General Plan Consistency Challenge to Re-Approval of Wal-Mart Expansion Project Fails on Procedural Grounds
On September 26, 2018, the First District Court of Appeal partially published Atwell v. City of Rohnert Park, __ Cal.App.5th __ (2018) (Case Nos. A151896, A153011), a decision originally filed…
California Land Use & Development Law Report
Court May Seek Clarification from Agency Regarding Issue in Pending Litigation
By Sunny Tsou
The Sixth District Court of Appeal held that a trial court in a mandamus action had the inherent power to remand to the Board of Supervisors for clarification regarding an…
CEQA Developments
Sixth District Holds Project’s Consistency with General Plan Is Not a CEQA Issue, Upholds Trial Court’s Interlocutory Remand for County Board to Clarify Consistency Findings, and Affirms Judgment Denying Writ Petition Alleging General Plan and CEQA Challenges to Shopping Center Project
In an opinion originally filed on July 31, and belatedly ordered partially published on August 24, 2017, the Sixth District Court of Appeal affirmed the trial court’s judgment denying a…
Environmental and Climate
SUPREME COURT FINDS RESIDENTIAL PROJECT INCONSISTENT WITH THE CITY OF ORANGE’S GENERAL PLAN
On December 15, 2016, the Supreme Court filed, Orange Citizens for Parks & Recreation v. Superior Court (2016) __ Cal.App.5th __ (2016 Cal. LEXIS 9595), a unanimous opinion finding a…
Land Use Developments
California Supreme Court Overturns City’s General Plan Consistency Determination, Holding that 1973 Resolution is Not Part of its Current 2010 General Plan
Attorneys are undoubtedly familiar with the adage that “bad facts make bad law.” When an agency makes a general plan consistency determination, bad facts can also result in a court…
Land Use Developments
Court Defers to City’s General Plan Consistency Findings, Upholding Residential Infill Project
On November 7, 2016, the Court of Appeal for the Third Appellate District reversed and remanded a trial court decision addressing a neighborhood group’s challenge to a 328-unit infill residential…
Environmental and Climate
First Appellate District Upholds Use of Subsequent Mitigated Negative Declaration for Revisions to Use Permit for Religious Facility, Rejects Claim of General Plan Inconsistency
On August 31, the First Appellate District issued its decision in Coastal Hills Rural Preservation v. County of Sonoma, which centered on the applicable standards and appropriateness of proceeding on…
Administrative and Regulatory
Fifth Appellate District Publishes Opinion Confirming Broad Discretion of Local Agencies to Determine General Plan Consistency
As discussed in a prior post, Downey Brand recently prevailed on appeal and successfully defended one of its clients against a challenge to its proposed commercial development project in Modesto.…