• Land Use Attorney Capitola

Posts Tagged ‘supersedes’

Case Update: Appellate Court Holds That Coastal Act Protections Supersede State Affordable Housing and Density Bonus Rules.

In Kalnel Gardens, LLC v. City of Los Angeles, (2016) 3 Cal.App.5th 927, the court of appeal held that affordable housing requirements set forth in the Density Bonus Act (Gov. Code § 65915 et seq.) and the Mello Act (Gov. Code § 65590 et seq.) were superseded by development restrictions set forth in the California Coastal Act (Pub. Resources Code § 30001 et seq.).  The subject project included five new duplexes and five new single family homes in an old neighborhood in Venice comprised mostly of single-story 1920s-era bungalows.  The project also included density bonus concessions under the City’s density bonus ordinance, including higher rooflines and shorter setbacks.  Plaintiffs argued that the project violated the Coastal Act because its height, density, setbacks and other visual and physical characteristics were out of character of the existing neighborhood.

Continue Reading

Miles J. Dolinger
Attorney at Law
A Professional Corporation

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

“I would definitely go with Mr. Dolinger again, and I would recommend him in a heartbeat to anyone who is looking for representation. He knows his business and he is very good at it.”

Richard. February 8, 2015
Avvo Review