Elk Grove dispute highlights question in density bonus law over whether a specific plan's ground-floor retail standard is a "fundamental land use zoning standard" that can't be waived -- if such a thing exists.
As a recent San Diego ruling reveals, cities have no choice but to defend their decisions to abide by statutes like the Density Bonus Law. At the same time, they are trying to "thread a needle" to challenge those laws in court.
In case from Los Angeles, appellate court says burden of proof for feasibility in the case of density bonus concessions and waivers lies with the city, not with the developer.
