Summary
California courts have demonstrated their concern for rational and open
land use decisions that protect the public interest. The Topanga ruling
offered five purposes for findings, all emphasizing these concerns. The
now familiar language of "bridging the analytical gap between raw data
and ultimate decision" leaves no doubt that courts intend that decisionmakers
follow an orderly path of logic before arriving at their decisions. While
the political reality of making land use decisions involved compromises
at times, political reality should also involve rational and dispassionate
deliberation in the decision making process.
In the area of land use planning, local decision making bodies must adopt
findings when making adjudicative decisions - variances, conditional use
permits, tentative subdivision and parcel maps, Williamson Act contract
cancellations, local coastal plans, coastal commission permits, and the
like. Further, Public Resources Code Section 21081 requires decision making
bodies to make one or more findings when an EIR identifies a proposed project's
significant effects. Though some state statutes require findings before
jurisdictions approve certain legislative decisions, such as growth limiting
general plans, growth limiting zoning ordinances, and timberland preserve
rezoning, courts have not yet reviewed these findings requirements.
The process of making land use decisions has its rough edges: economic impacts,
election campaigns, tender egos, and neighborhood conflicts. Making findings
as an integral part of the decision making process will not guarantee that
all of the rough edges will be smoothed out. However, if decision making
officials take findings seriously, they can reduce the public's doubts about
the wisdom of their decisions and reduce public skepticism about their motivations.
Using findings builds an excellent defense for local officials' decisions,
and ultimately more justly serves the public purposes of regulating land
use.
Next:
APPENDIX: INDEX OF STATUTORILY REQUIRED
FINDINGS FOR REGIONAL AND LOCAL GOVERNMENT LAND USE DECISIONS IN CALIFORNIA
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Prepared by:
State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
916-322-2318