California Court of Appeal

In a challenge to defendant-county's Board of Supervisors' decision, which created a new zoning definition for senior residential housing, applied it the Project site, and found that the Project to build a living community for senior citizens was consistent with defendant-county's plan and that it complied with the California Environmental Quality Act (CEQA), the trial court's judgment in favor of plaintiff is reversed and remanded, where: 1) the Board's findings that the Project would be consistent with defendant-county's general plan and with the North Tustin Specific Plan are supported by substantial evidence; 2) the creation of the new senior residential housing zone and its application to the Project site were not arbitrary or capricious, or lacking in evidentiary support; 3) although the Board's actions constituted spot zoning, the spot zoning was permissible; and 4) further consideration of issues relating to CEQA is required on remand.

Appellate Information

• Decided 01/13/2014
• Published 01/13/2014

Judges

• FYBEL

Court

• California Court of Appeal

Counsel