Yost v. Thomas

In Yost v. Thomas (1984) 36 Cal.3d 561, the California Supreme Court concluded that a city council's approval of a specific plan amending a portion of the city's general plan and zoning ordinance was subject to referendum. The specific plan in Yost involved development of a hotel and a conference center on 32 acres and the general plan and zoning amendment related only to that specific development. The court concluded that the changes to the general plan and applicable zoning, as well as the specific plan, were legislative acts subject to referendum. The court said: "The adoption of a general plan is a legislative act. 'The amendment of a legislative act is itself a legislative act' and the amendment of a general plan is thus a legislative act subject to referendum. ... Similarly, the rezoning of land is a legislative act subject to referendum . This leaves the question whether the adoption of a specific plan is to be characterized as a legislative act. We have no doubt that the answer is affirmative. Certainly such action is neither administrative nor adjudicative. On the other hand the elements of a specific plan are similar to those found in general plans or in zoning regulations--the siting of buildings, uses and roadways; height, bulk and setback limitations; population and building densities; open space allocation. The statutory procedure for the adoption and amendment of specific plans is substantially similar to that for general plans. It appears therefore that the legislative aspects of a specific plan are similar to those of general plans." (Id. at p. 570.)