Keller

BACKGROUND

Keller I In setting forth the background of Keller I, we draw upon our prior unpublished decision. (Planning & Conservation League v. Castaic Lake Water Agency (2009) 180

2 Cal.App.4th 210, 225 (Planning & Conservation League).) In Keller I, this court recounted that “Keller alleged he received notice in 2008 that the City’s police department was instituting a lottery system to select which tow companies would be allowed to participate in the City’s tow rotation program. In response, Keller asked the City to investigate whether several of his competitors were operating in violation of applicable zoning laws. Keller also urged the City’s planning department to eliminate the lottery program and ‘just implement the laws already set forth in the Zoning Ordinance and [the City’s tow service agreement].’ The planning department responded that all towing companies participating in the lottery either had a conditional use permit or were legal nonconforming within their zones. Keller challenged the planning department’s determination of compliance by his competitors before the city council. Ultimately, the city council determined all of the challenged towing companies were…