Description: California Land Use Blog — Published by California Land Use Lawyers — Jeffer Mangels Butler & Mitchell LLP
The Los Angeles Superior Court’s decision in the case, Y es In My Back Yard, Sonja Trauss, and Janet Jha v. City of Los Angeles , provides important guidance to developers and local agencies on how to process housing development projects located on sites where the density permitted by the General Plan (or applicable specific or community plans) is greater than the density allowed under the zoning code.
The court held that the developers are entitled to the highest available density, even when the zoning density is less than the density allowed by the General Plan or other plans. This is true even where the applicable plans specify a range of permissible densities.
JMBM Attorneys Matthew D. Hinks , Daniel F. Freedman , and Julia Consoli-Tiensvold successfully argued the case on behalf of a multi-family housing developer. The case resulted in the court granting of a writ of mandate against the City of Los Angeles under the Housing Accountability Act.