The City Councilmembers appointed themselves the final arbiter of whether a project met SB 35 requirements. Then they overruled their own staff. But in the end, it was really just about vagueness and inconsistency between the general plan and the zoning ordinance.
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. >>read more