Developer filed a petition for writ of mandate against city, challenging city’s refusal to clear the map conditions necessary to approve housing development, grant developer’s request for zoning changes, or allow rezoning exemptions.
The Superior Court denied the petition. Developer appealed.
The Court of Appeal held that:
- Developer’s project was not entitled to a rezoning exemption under the Housing Accountability Act (HAA);
- Site’s zoning designation which limited density to something below the maximum permitted in city’s community plan did not render the zoning “inconsistent” with the plan;
- City was not required to make written findings to support its denial of proposed development; and
- City council relied on substantial evidence, as required by its municipal code, when adopting report from its planning and land use management committee recommending that developer’s requested zoning change be denied.