4th District Publishes 2018 Ruling on Affordable Housing Development

Daily Journal (February 4, 2022) Acting on a request from organizations for developers, the 4^thDistrict Court of Appeals has published a ruling from 2018 that found a state law aimed at forcing cities to allow the construction of more affordable housing trumps local control. The case involved approval for the development of the 6^th& Olive project, a 20-story, mixed-use building with 204 dwelling units in the Bankers Hill neighborhood near downtown San Diego. The court found that “the Project is consistent with the applicable policies found in the General Plan, Uptown Community Plan, and Land Development Code. Moreover, even if the Project is inconsistent with the standards set forth in those plans, the City was nevertheless compelled to approve the Project under the Density Bonus Law 34”

The Bankers Hill decision provides supplemental guidance to local agencies reviewing Density Bonus Law projects. Prior to this, the Wollmer decision referenced in the opinion was the only substantive holding available to public agencies and developers,” explained Heather S. Riley, a partner at Allen Matkins Leck Gamble Mallory & Natsis, who represented Greystar (the project developer). Read More (subscription required)