Environmental Defense Project v. County of Sierra

Under California’s Planning and Zoning Law (Gov. Code, § 65000 et seq.), when a zoning ordinance or an amendment to a zoning ordinance is proposed, the planning commission must hold a public hearing. (§ 65854.) “Upon receipt of the recommendation of the planning commission,” the legislative body must hold a public hearing. (§ 65856, subd. (a).) Notice of the legislative body’s public hearing must be given at least 10 days before the hearing (§§ 65856, subd. (b), 65090, subd. (a)) and contain “a general explanation of the matter to be considered” (§ 65094).

At issue in this case is whether the County of Sierra’s so-called “streamlined zoning process”—one in which the county gives notice of the legislative body’s hearing before the planning commission has made its recommendation on the proposed zoning ordinance or amendment to the zoning ordinance—comports with the Planning and Zoning Law. It does not.

In order to reach this conclusion, since this is an action for declarative relief, we must first determine whether there was an “actual controversy” within the meaning of Code of Civil Procedure section 1060 such that plaintiff in this case, Environmental Defense Project of…