Building Industry Legal Defense Foundation v. Superior Court

Government Code section 65858 allows a city to adopt an' interim ordinance that prohibits any uses which may be in conflict with a general plan the city is considering, studying, or intends to study within a reasonable time. And it expressly provides that a city shall not adopt an interim ordinance unless it makes a finding that the approval of additional subdivisions, building permits, or other entitlements would result in a current and immediate threat to the public safety, health, or welfare.

The question raised by this appeal is whether, given the express language of Government Code section 65858, a city may adopt an interim ordinance that prohibits the processing of development applications, such as a tentative subdivision map. We hold, under the plain language of the statute; that the answer is no.

I

The facts are not substantially in dispute. San Juan Capistrano is a general law city. It adopted a general plan in 1974 and has amended it several times over the years. The city has also adopted a slow growth ordinance, generally limiting the number of permits for new dwelling units to 400 per year. Residential development in the city has thus proceeded slowly.

In…