Bank of the Orient v. Town of Tiburon

This appeal concerns the validity of Measure C, an initiative adopted by the voters of the Town of Tiburón imposing a temporary moratorium on construction. The trial court concluded the measure was invalid and enjoined its enforcement. The town appeals. 1 We affirm for the reasons explained.

Procedural and Factual Background

On October 16, 1985, under the authority of Government Code 2 section 65858, the Tiburón Town Council enacted Ordinance No. 307 N.S., a 45-day interim urgency ordinance imposing a moratorium on the processing and approval of development permits. On November 26, 1985, the ordinance was extended until January 25, 1986, and in January, the ordinance was again extended until January 8, 1987.

Under section 65858, a legislative body may adopt interim urgency ordinances prohibiting uses that may conflict with a contemplated general plan amendment or rezoning proposal which the legislative body is studying or intends to study within a reasonable period of time. The town council’s *997 findings in support of the moratorium ordinance state that the town intends “forthwith” to commence a complete review of its general plan and its zoning ordinance, and to…

I respectfully dissent. There is in my view no reason for us to depart from the clear language of Government Code section 65858, limiting its application to enactments of a “legislative body,” defined elsewhere in the Government Code, as the majority observes, to mean “board of trustees, city council, or other governing body of a city.” (Gov. Code, § 34000.) “A fundamental rule of statutory construction is that ‘[legislative intent should be determined from the language of the statute.’ [Citations.]” (Ron Yates Construction Co. v. Superior Court (1986) 186 Cal.App.3d 337, 345 [ 230 Cal.Rptr. 629 ].) The Legislature must also be presumed to be aware of existing statutes when enacting new legislation. (People v. Over *1008 street (1986) 42 Cal.3d 891, 897 [ 231 Cal.Rptr. 213 , 726 P.2d 1288 ]; Shapero v. Fliegel (1987) 191 Cal.App.3d 842, 847 [ 236 Cal.Rptr. 696 ].)

In interpreting Government Code section 65858, we are further obliged to consider and harmonize all parts of the statute. (People v. Western Air Lines, Inc. (1954) 42 Cal.2d 621, 638 [ 268 P.2d 723 ]; Liptak v. Diane Apartments, Inc. (1980) 109 Cal.App.3d 762, 770 [ 167 Cal.Rptr. 440 ].) Pursuant to subdivisions (a) and…

This appeal concerns the validity of Measure C, an initiative adopted by the voters of the Town of Tiburon imposing a temporary moratorium on construction. The trial court concluded the measure was invalid and enjoined its enforcement. (1) (See fn. 1.) The town appeals. [1] We affirm for the reasons explained.

On October 16, 1985, under the authority of Government Code [2] section 65858, the Tiburon Town Council enacted Ordinance No. 307 N.S., a 45-day interim urgency ordinance imposing a moratorium on the processing and approval of development permits. On November 26, 1985, the ordinance was extended until January 25, 1986, and in January, the ordinance was again extended until January 8, 1987.

Under section 65858, a legislative body may adopt interim urgency ordinances prohibiting uses that may conflict with a contemplated general plan amendment or rezoning proposal which the legislative body is studying or intends to study within a reasonable period of time. The town council's findings in support of the moratorium ordinance state that the town intends "forthwith" to commence a complete review of its general plan and its zoning ordinance, and to…