A court rejected a developer’s attempt to take advantage of provisions in the Housing Accountability Act that prohibit a City from requiring a rezoning when zoning is inconsistent with the General Plan. It upheld Los Angeles’ determination that the existing zoning was consistent with the General Plan, even though the zoning was not expressly listed
Housing
Court Invalidates Ordinance Reducing Floor Area Ratio on Residential Lots
By Marie Cooper on
Posted in Housing
The Housing Crisis Act of 2019, which enacted Government Code section 66300, generally precludes a city from reducing the intensity of land use on a parcel where housing is allowed below what was allowed on January 1, 2018. A court held that this provision prohibits reductions in the Floor Area Ratio (FAR) as well as…
Court Held That Obligation to Further Fair Housing Requires More Than the Absence of Discrimination and That Base Zoning Allowing Lower Densities Violated Housing Element Law Even Though Overlay Zoning Required Minimum Densities
By Marie Cooper on
Posted in Housing
A court addressed the City of Clovis’ repeated failures to accommodate lower-income housing needs. Disagreeing with the Department of Housing and Community Development’s (HCD’s) determination that the City’s Housing Element complied with Housing Element Laws, it held the City failed to meet minimum density requirements for certain housing sites and remanded for further proceedings under…