State of California
Pete Wilson, Governor
Governor's Office of Planning and Research
Lee Grissom, Director
Robert Cervantes, Chief, Planning Unit
Antero Rivasplata, Chief, State Clearinghouse
1400 Tenth Street
Sacramento, CA 95814
916-445-0613
March 1989
ACKNOWLEDGMENTS
The Governor's Office of Planning and Research gratefully acknowledges
the prompt suggestions and incisive commentary that two individuals provided.
Daniel L. Curtin, Jr. of McCutchen, Doyle, Brown, and Enersen and Debra
L. Cauble, Senior Deputy City Attorney for the City of San Jose, both reviewed
a recent draft of this edition and made valuable contributions to the final
product.
Jose R. Ramos, Senior Deputy County Counsel, Monterey County, Philip W.
Block, Merced City Planning Director, and Glen D. Worthington, formerly
Principal Planner, City of Ontario, all offered comments on the earliest
draft of this edition.
We also extend our thanks to the Monterey County Planning Department, the
Alameda County Planning Department, and the Santa Barbara County Resource
Management Department for their cooperation by furnishing exemplary staff
reports.
Last, but not least, the following former staff members reviewed portions
of the index or otherwise assisted in its compilation:
DeAnn Baker
John M. Ferguson
Karen A. Keene
James Goodfellow
Randy Pollack and Barbara Martinez, both former staff members, also contributed
many hours to this project.
TABLE OF CONTENTS
INTRODUCTION
TOPANGA: THE CORNERSTONE FOR FINDINGS
Definition
Purpose
Circumstances Requiring Findings
JUDICIAL STANDARDS OF REVIEW
Traditional Mandamus (Or Ordinary Mandamus)
Administrative Mandamus
Substantial Evidence Test
Independent Judgment Test
Appellate Review
Principles Regarding Standards of Review
Land Use Control by Initiative and Referendum
OTHER GUIDELINES FOR MAKING FINDINGS
PREPARATION OF FINDINGS: A QUESTION
OF TIMING AND JUSTIFICATION
SUMMARY
Table:
Local Land Use Decisions and Judicial Standards
of Review
List of Cases Cited
Appendix:
Index of Statutorily Required Findings
for Regional and Local Government Land Use Decisions in California
A Selected Bibliography on Land Use Findings
INTRODUCTION
In recent years, the struggle over land use planning and development has
become more intense in state and local legislative arenas and the courtrooms.
Typically, the parties have focused on issues like general plan adequacy,
environmental impact report adequacy, voter-enacted growth controls, taking
without compensation, and exactions. These controversies have had their
share of impacts upon the continuous evolution of modern day planning in
California. Meanwhile, a less heralded but equally important progression
is affecting the way local officials must explain their land use decisions
through the adoption of findings. Many citizens, planning commissioners,
elected officials, and planning department staffs have indicated concern
for a clearer understanding of what courts and state laws require in the
realm of findings. In response, the Office of Planning and Research has
prepared this advisory memorandum to explain the legal basis for findings.
While this memorandum attempts to present the most current information available
regarding findings, land use legislation and case law periodically establish
new rules. For this reason, local agencies should consult their attorneys
for advice on the latest developments.
Next:
TOPANGA: THE CORNERSTONE FOR FINDINGS
Return to Table of Contents