Tag: General Plan

California Supreme Court Rejects City’s Attempt To “Evade” General Plan Amendment Referendum

The California Supreme Court has unanimously denied an effort by the City of Orange to defend its approvals for a residential development project despite an intervening public vote that rejected a general plan amendment the city had passed to advance the project. By later attempting to make an “administrative correction” to its general plan, the … Continue Reading

General Plan’s Size Ranges for Shopping Centers a “Flexible” Policy, Not a Rigid Mandate

The City of Modesto’s General Plan includes a policy providing that certain neighborhoods “should” include a “7-9 acre neighborhood shopping center, containing 60,000 to 100,000 square feet.” The Fifth District Court of Appeal upheld against challenge the city’s determination that development of an approximately 170,000 square foot shopping center on about 18 acres in one … Continue Reading

City Has Time to Make General Plan Consistent with Housing Element Revisions

A court of appeal has confirmed that after a city updates its general plan housing element, the city has additional time to amend other general plan elements to restore the general plan’s internal consistency—as long as the city adopts a timeline for making the necessary amendments. Every five years, a city must update its general … Continue Reading
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