A dispute from the Livermore area suggests that general plan designations and zoning ordinances have not kept pace with renewable energy advances -- leading to interpretation disputes. In Livermore, the courts have sided with public agency interpretations and against environmentalists opposed to a solar project.
In preparing the new edition of Guide to California Planning, it became more clear to me than ever that there's tension between the urban California we live in and the suburban California the planning system is designed to create.
As a recent San Diego ruling reveals, cities have no choice but to defend their decisions to abide by statutes like the Density Bonus Law. At the same time, they are trying to "thread a needle" to challenge those laws in court.
Court also concludes the requirement calling for all roads to be built before any private development is constructed runs afoul of the Nollan/Dolan doctrine.
Referendum that repeals zoning ordinance cannot be knocked off the ballot of a city has the ability to quickly reconcile the inconsistency. >>read more
