Agenda - Planning Commission - 07/18/2013 - Special

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June ,25, 2013 I Volume 7 I Issue 12 Zoning Bulletin contravention of zoning regulations to support activities on lands lying underwater amounted to a zoning violation. The court concluded that: "[t]he use of the property for ingress and egress, for restroom facilities, and for parking to a floating bar moored at the marina" were not accessory uses to the valid, nonconforming use of the marina. The court also found that those uses of the upland real estate were also in violation of portions of the City's zoning ordinance, which prohibited such lakeshore lots from being used for access to commercial activities. Also, the court concluded that the City had met its burden of showing the need for injunctive relief. See also: City of Okoboji, Iowa v. Okoboji Barz, Inc., 717 N.W.2d 310 (Iowa 2006). Case Note: The court disagreed with the district court in one respect. The court concluded that the injunction should not enjoin the provision of or sale of liquor on boats when moored at the docks as compared to those moored directly to the shoreline. This distinction, however, made little difference, as the City showed entitlement to an injunction that prohibited Parks from using the upland to provide ingress, egress, parking, or restroom facilities to patrons of boats selling alcohol or engaging in bar -type activities while docked at the marina. Preemption/Constitutional Validity — County Ordinance Limits Location, Number of Plants of Medical Marijuana Collectives Medical marijuana collective challenges ordinance as invalid in conflict with state law and unconstitutional in violation of equal protection Citation: County of Tulare v. Nunes, 215 Cal. App. 4th 1188, 155 Cal. Rptr. 3d 781 (5th Dist. 2013) CALIFORNIA (04/29/13)—Among other things, this case addressed the issue of whether a municipal ordinance restricting the total number of medical marijuana plants in any medical marijuana collective 8 © 2013 Thomson Reuters