City of Irvine v. Irvine Citizens Against Overdevelopment

The City of Irvine, a charter city, brought this action for declaratory relief challenging the validity of a referendum petition submitted by certain Irvine residents and Irvine Citizens Against Overdevelopment (ICAO). The referendum, if approved, would repeal a zoning amendment applying to property within Irvine’s statutory sphere of influence. The trial court entered judgment declaring the proposed referendum invalid.

ICAO contends: (1) Irvine lacked standing to maintain the action, (2) the trial court erroneously relied on deBottari v. City Council (1985) 171 Cal.App.3d 1204 [ 217 Cal.Rptr. 790 ] (hereinafter deBottari) which invalidated a similar referendum involving a zoning ordinance in a general law city as distinguished from a charter city, (3) the trial court erroneously relied on deBottari because that case involved property sought to be rezoned within the city’s boundaries while here the land is outside Irvine’s city limits but within its sphere of influence, (4) Irvine has not adopted the state law requirement of consistency between its general plan and zoning laws, and (5) there is no inconsistency between Irvine’s present general plan and the zone change…