California Court of Appeal
Friends of Aviara v. City of Carlsbad, D060167
In a nonprofit group's suit challenging a city's adoption of a revision to the housing element of its general plan to provide low cost housing, the trial court's judgment is affirmed where: 1) the trial court acted properly in requiring that the city adopt the timeline required by Government Code section 65583(c), which expressly contemplates that in meeting its housing obligations a municipality will need to alter existing land use regulations, including existing limitations in other elements of an adopted general plan; and 2) the inclusion in the revision of a housing element of proposed changes to other land use regulations in a general plan was expressly contemplated by the Legislature and permitted on the condition the municipality sets forth a timeline for adoption of such proposed changes.
Appellate Information
- Decided 11/01/2012
- Published 11/01/2012
Judges
- Benke
Court
- California Court of Appeal