ELR Citation: ELR 20268
No(s). A122242 (Cal. App. 1st Dist. Nov 24, 2009)

A California appellate court affirmed a lower court decision denying residents' motion to overturn a city's approval of use permits and zoning variances for a mixed-use development project. The residents failed to establish that the city proceeded unlawfully, that the decision was not supported by the findings, or that the findings were not supported by the evidence. The residents argued that the city improperly authorized 32 additional "bonus units" to the project in excess of what the zoning ordinances and general plan would allow. But the city's calculation of the number of density bonus units was proper. Likewise, the city's findings regarding the benefits of reduced setbacks to abutting and confronting lots was supported by substantial evidence. The findings also conform with the applicable ordinance as there is no requirement that the reduced setbacks benefit the entire affected residential area. Nor did the city violate the California Environmental Quality Act in adopting a mitigated negative declaration in lieu of a full environmental impact report. And despite residents' arguments to the contrary, the city's cost certification complied with the municipal code.