Martin
Martin v. Superior Court
Opinion
Opinion
Klein, J.
Petitioners William Lawson Martin III and Annette Martin (the Martins) seek a writ of mandate directing the trial court to grant their motion for summary adjudication of issues and declare invalid Ordinance No. 1069 enacted by real parties in interest, the City of Sierra Madre (the City) and the City Council of the City of Sierra Madre (the City Council). Ordinance No. 1069 imposed a third moratorium on the issuance of building permits in a hillside section of the City following two previous ordinances which had taken effect on May 10, 1988.
Because enactment of Ordinance No. 1069 violated Government Code Section 65858, subdivision (e), we grant the petition for writ of mandate.
Background
1. The applicable law.
We set forth the applicable code provisions governing the facts of this land use case at the outset.
Section 65858, subdivision (a), provides: “Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or…