Two years ago, an appellate panel ruled that the controversial housing proposal should have been processed under SB 35 -- the first major ruling. Now the court has ruled that a local judge had the authority to rule on Housing Accountability Act violations as well.
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.
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.