Agenda - Planning Commission - 03/01/2012

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January 25, 2012 I Volume 61 No. 2 Zoning Bulletin The Court rejected the City's contention that the delegation power for performance of department duties allowed under the City Charter should be "import[ed]" into § 322(a). Section 322(a) enumerated spe- cific officers for the ZBA's composition; it did not require a general de- partmental participation. Since the Charter permitted the delegation of duties imposed upon the department rather than specific officers of the department delegation was precluded. Case Note: The Court offered that if, as the City had argued, ser- vice on the ZBA was a burden on the City Solicitor and City Engi- neer, § 322(b) allowed cities with a home rule charter to establish a board of adjustment consisting of five members who are city resi- dents. Section 322(a) applied by default only if a home rule charter city eschewed the option of establishing a board of adjustment which it had here. Thus, the City had the option of composing a board of adjustment under 322(b) or remaining with the default composition provided in § 322(a). Spot Zoning —City Downsizes Zoning of 2.85- Acre Parc Allowing Only One Dwelling Per 20 Acres Owners contend rezoning is impermissible spot zoning and a compensatory taking Citation: Avenida San Juan Partnership v. City of San Clemente, 2011 WL 6188451 (Cal. App. 4th Dist. 2011) CALIFORNIA (12/14/11)—This case addressed the issue of whether the rezoning of a parcel constituted impermissible spot zoning. It also addressed whether the rezoning amounted to a compensable regulatory taking. The Background/Facts: In 1980, the Avenida San Juan Partnership (the "Partnership ") purchased a 2.85-acre lot (the "Property ") on a slope in the city of San Clemente, California (the "City ") . At the time of that purchase, the zoning allowed six dwellings per acre. In 1996, the City rezoned the Property to "RVL" . "residential, very low," allowing one dwelling per 20 acres. All parcels surrounding the Property were zoned "RL" "residential low density zone," -which al- lowed four dwellings per one acre. The Partnership did not learn about the rezoning until 2006 when it applied for a development application to build four dwellings on the 2.85 -acre Property. At the recommendation of the planning commission, the city council denied the Partnership's application. 6 © 2012 Thomson Reuters