Agenda - Planning Commission - 09/05/2013

Home

July 25, 2013 I Volume 7 I Issue 14 Zoning Bulletin As to Northgate's argument that the RSIS requirements were not met, the court also found that argument unavailing. Again, Northgate had challenged the accuracy of the Board's roadway density calculation, arguing that it should have subtracted two acres of wetland on the Land in making the calculation. However, the court found that nothing in the record supported Northgate's assertion as to the amount of wetlands on the Land. Also, although unnecessary to the conclusion reached about RSIS compliance, the court did agree with Northgate that the Appellate Divi- sion had erred when it had said that the Board could round down the calculated density of Caliber's proposed development. The Supreme Court held that planning boards are not permitted to round down the dwelling units per acre calculation when determining RSIS compliance. See also: Pond Run Watershed Ass 'n v. Township of Hamilton Zoning Bd. of Adjustment, 397 N.J. Super. 335, 937 A.2d 334 (App. Div. 2008). See also: Perlmart of Lacey, Inc. v. Lacey Tp. Planning Bd., 295 N.J. Super. 234, 684 A.2d 1005 (App. Div. 1996). Regulatory Taking —After encouraging development, county halts project and says it cannot proceed under zoning ordinance Developer says county actions amount to a regulatory taking, entitling it to just compensation Citation: Lockaway Storage v. County of Alameda, 216 Cal. App. 4th 161, 156 Cal. Rptr. 3d 607 (1st Dist. 2013) CALIFORNIA (05/09/13)—This case addressed the issue of whether a county's temporary suspension of a development project was a regula- tory taking, under the Fifth Amendment to the United States Constitu- tion, entitling the developer to just compensation. The Background/Facts: Lockaway Storage ("Lockaway") owned an 8.45-acre parcel of land in Alameda County (the "County") (the "Property"). Lockaway had purchased the Property in May 2000, with the intent to implement a 1999 Conditional Use Permit ("CUP") to develop a boat and RV self -storage facility on the Property. The 1999 CUP required that it be implemented within three years of issuance, or it would terminate on September 22, 2002. 8 © 2013 Thomson Reuters